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Biofuels groups defend EPA advanced and cellulosic targets

Seven biofuel organisations have filed an interveners brief in the American Petroleum Institute (API) case against the Environmental Protection Agency (EPA) which challenges the 2012 cellulosic and advanced biofuel requirements under the Renewable Fuel Standard.

The groups are defending the EPA's ability to set cellulosic and advance biofuels targets that are based on market data and seek to spur development, as consistent with the RFS as passed by Congress.

The groups have argued that ‘for the 2012 requirements, the EPA reasonably based its analysis on the EIA's projection, but then took into account more specific information it had from individual facilities. Precedent makes clear that the EPA can adopt standards calculated to spur development, consistent with Congress's express statutory objectives’.

 The groups also stated that ultimately it is the EPA ‘which is charged with judging credibility and weighing the record evidence’.

The brief also supports the EPA's efforts to retain the overall advanced biofuels mandate ‘as well within its discretion. Nothing in the statute requires EPA to make specific 'numerical projections' for each advanced biofuel before deciding to maintain the congressionally-mandated overall volume’ as the API argues.

The seven groups are the Advanced Biofuels Association, the Advanced Ethanol Council, the American Coalition for Ethanol, the Biotechnology Industry Organization, Growth Energy, the National Biodiesel Board and the Renewable Fuels Association.

The case is set to be heard before the US Court of Appeals for the District of Columbia Circuit.





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